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March 23, 2015

Supreme Court takes up a replacement juve LWOP retroactivity case from Louisiana

As reported in this AP piece, the US Supreme Court this morning found a replacement for the prior resolved case (Toca) dealing with the retroactivity of its 2012 Miller decision.  Here are the basics:

The Supreme Court is adding a new case to decide whether its 3-year-old ruling throwing out mandatory life in prison without parole for juveniles should apply to older cases. The court was scheduled to hear arguments in a case from Louisiana in late March, but the state released inmate George Toca after 30 years in prison.

The justices on Monday said they would consider a new Louisiana case involving a man who has been held since 1963 for killing a sheriff's deputy in Baton Rouge.  Henry Montgomery was a 17-year-old 10th grader who was playing hooky from school when he shot Deputy Charles Hurt at a park near the city's airport. The officer and his partner were looking to round up truants.

The case will be argued in the fall.... The case is Montgomery v. Louisiana, 14-280.

Some SCOTUS-related posts on the prior Toca case and Miller retroactivity:

March 23, 2015 at 10:24 AM | Permalink

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Comments

CERTIORARI GRANTED
14-280
MONTGOMERY, HENRY V. LOUISIANA

The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: “Do we have jurisdiction to decide whether the Supreme Court of Louisiana correctly refused to give retroactive effect in this case to our decision in Miller v. Alabama, 567 U. S. __ (2012)?"

http://www.supremecourt.gov/orders/courtorders/032315zor_b97d.pdf

Posted by: Joe | Mar 23, 2015 10:40:20 AM

Three justices also dissented from a denial from cert. in a death penalty case.

Posted by: Joe | Mar 23, 2015 10:55:31 AM

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